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HomeMy WebLinkAboutHOMESTEAD ACRESRL ;EIVEi~ JCL~EpH %M. D^VLD B. PROKOp** PROKOP & PROKOP ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY I 1778 November 19, 2001 B_!Y FEDERAL EXPRESS Elizabeth Neville Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Schembri Homes, Inc Dedication - Willow Drive 1000/33/6/12 1000/40/2/6.012 Dear Ms. Neville: Pursuant to your request, we hereby resubmit the deed with related affidavits, Dedication and Release, and Application for the dedication. Please call me as soon as possible to discuss the completion of this file prior to November 30, 2001. Thank you. Sinc~e~ David %B~. ~kop Neville~ Elizabeth C To: Krau:,~, Lynne Subject: Homestead Acres Lynne, The next time you cover over to Town Hall and have a few moments, I would like to show you this highway dedication file which was submitted by Mr. Prokop, Betty ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 16, 2001 David B. Prokop, Esq. Prokop & Prokop Attorneys 131 Route 25A Rocky Point, New York 11778 Dear Mr. Prokop: I am returning the documents that I received from you yesterday. I am sorry, but the "Dedication and Release" and the "Bargain and Sale Deed" still have errors on them. Please correct as indicated and return to me as soon as possible. Should you have any questions, or if I may be of any assistance, please call me at 631 765-1800. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures PROKOP & PROKOP ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY I 1778 November 9, 2001 175 ROUTE 25A E.~ST SETAUKET, NEW YORK I 1733 BY CERTIFIED FUtIL Elizabeth Neville Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Schembri Homes, Inc Dedication - willow Drive 1000/33/6/12 1000/40/2/6.012 REC.'EIVED Southold Town Dear Ms. Neville: Pursuant to your request, we hereby resubmit the deed with related affidavits, Dedication and Release, and Application for the dedication. Please call me as soon as possible to discuss the completion of this file. Thank you. Si ~ ~y, Davi~ ~J Prokop TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of SCHEMBRI HOMES, INC. For Laying Out of Highways at Greenport, Town of Southold, Suffolk County, New York to be known as: WILLOW DRIVE and "DRAINAGE AREAS". DEDICATION AND RELEASE WE, SCHEMBRI HOMES, INC., being owners of certain land in the Town of Southold, Suffolk County, New York, and included within which land are proposed highways known as WILLOW DRIVE and "DRAINAGE AREAS" described in the above entitled matter dated September 20, 1999. NOW THEREFORE, in consideration of One ($1.00) Dollar to us in hand paid by Raymond L. Jacobs, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highway known as WILLOW DRIVE and "DRAINAGE AREAS" do hereby release and dedicate to the Town of Southold all the land heretofore owned by us within said proposed highway as follows: The highway known as WILLOW DRIVE and "DRAINAGE AREAS", a shown ~ 1. /.qreenl~or t in and designated, on a certain map c,ntitled "Map of Homestead Acres at Greenport", situate atthe Town of Southold, Suffolk County, New York, filed in the Office of the County Clerk of Suffolk with the office of the Clerk of the County of Suffolk on July 17, 1986, as Map Number 8150. And. we do release the said Town of Southold from all damages by reason of the layout of the said highways. SCHE~R~///,i HOMES, INC. By: David B.~r~kop, Assistant Secretary STATE OF NEW YORK, COUNTY OF SUI¢I~'OLK) ss: Individual/Corp - On the day of November 2001, before me, the Undersigned, personally appeared David B. Prokop personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instalment and acknowledged to me that he/sbe/they executed the same in his/bet/their capacity(ies), and that by his/her/their signature(s) on the inatn~ment, the individual(s), or the person on N~ ~' i ~i,i,,; ,~ta!e of Now York No O~ )i.~50[,6789 ~?..en'~mission Expi~'cs Mar~l~ 11,200~-.. Barga n and Sale Deed w th Covenants against Grantor s Acts CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRLrMlgNT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ~33'y of November Two Thousand One SCHEMBRI HOMES, INC. with offices at 2042 North Country Road, Wading River, New York AND, party of the first part, TOWN OF SOUTHOLD with offices at Main Road, Southold, New York party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, All that certain plot, piece or parcel of land, situate, lying and being. SEE SCHEDULE "A" ATTACHED H]gRETO AND MADE A PART HEREOF. DISTRICT: 1000 DISTRICT: 1000 SECTION: 040.00 SECTION: 033.00 BLOCK: 02.00 BLOCK: 06.00 LOT(S): 006.012; AND LOT(S); 012.000. SAID PREMISES KNOWN AS: PlO WILLOW DRIVE, GREENPORT, NEW YORK BEING AND INTENDED TO BE the same premises as acquired from Sarasota, Inc. d/b/a Credit Control Management dated February 10, 1997 and recorded in the Office of the Clerk of the County of Suffolk on March 1 l, 1997 in Liber 11820 cp 243. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for the conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constructed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: By: SCHE~BRI HOMES, INC. David B. ~', Assistant Secreta'l'g~. © STATE ,QF NEW YORK, COUNTY OF SUFFOLK) ss: lndividual/Corp On the ~tay of November 2001, before me, the undersigned, personally appeared David B. Prokop personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within insfl'ument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/ha/their signature(s) on the instrument, the individual(s), or the person on ~, executed the instrument. GINA ~,,~fi12 BETTENI-IAUSER Notary Pul;~, Sta',e ~ New Yo~k No. O1 Commission Expires Mar ...hlt, 200._? NOTH STAR ABSTRACT, INC. Title No.: L 253709-SS DESCRIPTIONS PARCEL: WILLOW STREET at Greenport ALL that certain plot, piece or parcel of land, situat~ lying andbeing in the Town Of Southold, c,e~ tl,~ Vill,~,,, ~f Cree~p~, County of Suffolk and State of New York, being known and designated as "Willow Drive" as shown on a certain map entitled, "Map of Homestead Acres at G-reenport", filed in the Office of the Clerk of the County of Suffolk on July 17, 1986, as Map No. 8150, which said street is more particularly bounded and described as follows: BEGINNING at the southwest comer of the premises herein described which said point is the following two courses and distances from where the easterly side of land now of formerly of Morrison intersects the northerly side of Middle Road (C.R. 48): 1) North 02 degrees 02 minutes East, 382.33 feet; 2) North 02 degrees 17 minutes 10 seconds East, 515.30 feet to the tree point or place of beginning; RUNNING THENCE North 02 degrees 17 minutes 10 seconds East, 50.00 feet to the southerly side of Lot No. 7 on the aforesaid map; THENCE South 87 degrees 42 minutes 50 seconds East, 175.00 feet; THENCE along an arc of a curve bearing to the left having a radius of 250.00 feet, a distance of 39.27 feet; THENCE North 02 degrees 17 minutes 10 seconds East, 815.00 feet; THENCE North 86 degrees 07 minutes East, 213.51 feet to the northwest comer of Inlet Pond Road, as shown on Map of Eastern Shores, Sec. 2; THENCE South 03 degrees 53 minutes 00 seconds East along th{i westerly side of said Inlet Pond Road, 50.00 feet to the northerly side of Lot No. 16 on the map first above mentioned; CONTINUED .... NORTH STAR ABSTRACT, INC. Title No.: L 253709-SS D E S C R I P T I O N S, Continued... THENCE South 86 degrees 07 minutes West along the northerly side of said Lot No. 16, 146.18 feet; THENCE along an arc ora curve bearing to the left having a radius of 25.00 feet, a distance of 36.58 feet; THENCE South 02 degrees 17 minutes l0 seconds West, 1030.96 feet; THENCE along an arc ora curve bearing to the left having a radius of 25.00 feet, a distance of 39.27 feet; THENCE South 87 degrees 42 minutes 50 seconds East, 224.74 feet to a point in the westerly side of Homestead Way as shown on Map of Eastern Shores, Section 2; THENCE South l0 degrees 38 minutes 20 seconds East along the westerly side of Homestead Way, 51.30 feet; THENCE South 87 degrees 42 minutes 50 seconds East, 236.21 feet; THENCE along an arc of a curve bearing to the right having a radius of 75.00 feet, a distance of 117.80 feet; THENCE North 02 degrees 17 minutes l0 seconds East, 183.29 feet; THENCE along an arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 39.27 feet; THENCE North 87 degrees 42 minutes 50 seconds West, 175.00 feet to the easterly side of land now or formerly of Morrison, the point or place of BEGINNING. TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of SCHEMBRI HOMES, INC. For Laying Out of APPLICATION Highways at Greenport, Town of Southold, Suffolk County, New York to be known as: WILLOW DRIVE and "DRAINAGE AREAS". To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York; The undersigned petitioners, SCHEMBRI HOMES, INC., as owners of Willow Drive and "Drainage Areas", a New York corporation having its principal place of business at 2042 North Country Road, Wading River, New York, hereby applying to the Town Superintendant of Highways to lay out a new highway known as WILLOW DRIVE and "DRAINAGE AREAS", liable to be assessed for highway taxes hereby apply to the Superintendent of Highways to lay out new highways and drainage area at Greenport, in the Town of Southold, County of Suffolk and State of New York follows: 1. The highways known as WILLOW DRIVE and "DRAINAGE AREAS", as shown and designated on a certain map entitled "Map of Homestead Acres at Greenport", situate at Greenport, in the Town of Southold, Suffolk County, New York, filed in the Office of the County of Suffolk on July 17, 1986, as Map Number 8150. Maps of said proposed highway are annexed hereto and made a part of the application, together with a release and application to the Town of Southold by the petitioner herein, over whose property said highways are to mn. Dated: November 6, 2001 By: SCHEMBI~ David B. P1 HOMES, INC. )p, Assistant Secretary STATE OF NEW YORK, COUNTY OF SUFFOLK) ss: Individual/Corp On the day of November 2001, before me, the undersigned, personally appeared David B. Prokop personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instnunent and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on ~~k~b~f which the individual(s)acted, executed the instrument. NO. 0~BE5(~567~9 {~l~l~sion ,~,pil'~s Mar~h 11, 20~ Z,., O Peconic Bay Region Community Preservation Fund Please print or type. East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Southold 10 Schedule A Information Grantor [] individual [~Corporalion [] Partnership [] O~her Grantee Relatinq to Conveyance Name (individual; last, flint, n~ldle initial) SCHEMBRI HOMES, INC Mailing 2042 North Country Road City State ZIP code Wading River, New York 11792 Name (individual; last, flint, ,,:~d;~ initial) [] Individual TOWN OF SOUTHOLD [] Corporation Mailing Main Road [] Partnership City Slate ZIP code []Other Southold, New York 11971 Location and description of property conveyed Social Security Number I Social Security Number Federal employer idenl, eumb~ Soci~ Security Number I Socia Security Number Federa employer dent. numb~ Tax map designation Address Village -- Town-- Dial Seclion Block Lot 1000 0~0 02 006.0 2 P/O Wi'llow Drive Greenport Southold 1000 033 06 012 P/O Willow Drive Greenport Southold ,per ~Pg :) Datcofconveyancc Date of contract Dual Towns: [] Improved a. - Conveyance of fee interest b. - Acquisition of a controlling interest (state percentage acquired c. - Transfer of a controlling interest (state percentage transferred d. - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in lieu of foreclosure or enforcement of security Condi{ion of conveyance (check all that apply) f.- Conveyance which consists of a mere change of identity or form of ownership or %) organization g.- Conveyance for which credit (or tax %) previously paid will be claimed h.- Conveyance of cooperative apartment(s) i. - Syndication j - Conveyance of air rights or development interest rights Schedule B - Community Preservation Fund k. - Contract assignment I. - Option assignment or surrender m, - Leaseh61d assignment or surrender n.- Leasehold grant o.- Conveyance of an easement p.- Conveyance for which exemption is claimed (complete Schedule B. Part 11) q.- Conveyance of property partly within am partly without the state r.- Other (describe) Part I - Computation of Tax Due 1. Enter amount of consideration for the conveyance (from line I TP584 Schedule B) 2. Allowance(see below) 3. Taxable consideration (subtract line 2 from line 1) ' _ ..... 4. 2% Community Pmsewation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK 5. Property not subject to CPF Tax (See Schedu!eC) For recording officer's use IAmount received Date received rransaclion number Allowance: East Hampton Shelter Island Southampton $250,000.00 Improved $250,000.00 improved $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) © O Regal Forms, Inc. Congers, NY 1092(3, (845) 268~532 PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www,orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY I ~ Cl. SWIS Code I r I ~ ~ ~ { REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2. Date Deed Recorded I Month / Day / Year I STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 C3. Book I I I I I I C4. Page I I I I I ~-$n7 ]~e, ~/~ PROPERTY INFORMATION ~ 1. Property Billing if other than buyer address (at bottom of form) 4. Indicate the number of Assessment Roll parcels transferred on the deed I ~ of Parcels OR [~ Part of a Parcel (Only if Part of a Parcel) Check as they apply: 4A. Planning Board with Subdivision Authority Exists [] 5. Deed Propam/ I IxL IoRI 6. Selidr [ SCHEMBRI HOMES, INC. 48. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] I I I LAST NAME I COMPANY FIRST NAME 7. Check the box below which most accurately describes the use of the proper~ ~t the time of sale: B ~ 2 or 3 Family Residential C ~ Residential Vacant Land D[_~ Non-Residential Vacant Land SALE INFORMAT(ON = 11, Sale Contract Date Agricultural I[~ Community Service Commercial i[~ Industrial Apartment Public Service Entertainment / Amusement Forest / / I Month Day Year 12. Date of Sale / Transfer / / I Month Day Year Check the boxes below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District [] 10B, Buyer received a disclosure notice indicating [] that the propel/is in an Agricultural District 15. Check one or more of these conditions as applicable to transfer: A B C D E F Sale BebNeen Relatives or Former Relatives Sale BeWveen Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not WarranW or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) 13. Full same Pri~ I I I I ~ I I , ~0 = 0 I (Full Bale Price is the total amount paid for the property including personal properly, This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.1ndicnte the vstue of personal I , i I I I I i 0 I 0 I property Included in the sale ~ ~ · ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll f~om; , ;17. Total Assessed Value {of all parcels in transfer) which information taken Significant Change in Property Between Taxable Status and Sale Dates Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price (Specify Below) None ts, p c,a I , , I-I I 19. School Distrlct Name L ] 20. Tax Map Identifier(s) / Roll identifier(s) (if more than four, at~ach sheet with addiSonel identifier{sB I I L 3 t I L J I CERTIFICATION I I certify that all of the items of information entered on this form are true and correct (to the best of my knowledge and belief) and I understand that the malting of any ~ false statement of material fact herein will subject me to the provi~ons of the penal law relative to the making and fllin~ of false instn~nent~ BUYER BUYER'S ATrORNEY CITY OR TOWN STATE Zip CODE ~.~R I LAST NAME FIRS~ NAME AREA CODE TELEPHONE NUMBER ~NEW YORK STATE BUYER SIGNATURE DATE ELIZABETH A. NEV~,r,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 3 I, 2001 David B. Prokop, Esq. Prokop & Prokop Attorneys 131 Route 25A Rocky Point, New York 11778 Dear Mr. Prokop: Some time has passed since I have received any communication from you with regard to the Homestead Acres highway dedication. I refer to my letter to you on June 21, 2001. Please be advised that this matter must be resolved and all necessary documents with the proper descriptions and wording filed by you in the Suffolk County Clerk's Office before the end of the year, or original resolution adopted on January 16, 2001 accepting the highway and drainage area will be rescinded at the December 18, 2001 Town Board meeting. Should you have any questions, or if I may be of any assistance, please call me at 631 765-1800. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 2001 David B. Prokop, Esq. Prokop & Prokop Attorneys 131 Route 25A Rocky Point, New York 11778 Dear Mr. Prokop: In reviewing your dedication papers, the Town Attorney found the "Application" and the "Dedication and Release" to be incorrectly worded. I am returning your original copies of these two documents together with the sample wording that should be inserted. I am also including a "sample road dedication" for your review. I have had the town board and the superintendent of highways sign the order and consent, after crossing out "Village of Groenport" on both of these documents. This subdivision is located at G-reenport, in the Town of Southold. It is not in the Village of Greenport, which is a whole separate and different entity. Once I get the two documents, the "Application" and the "Dedication and Release" back from you in the correct order, and the bargain and sale deed as described in A. (4), I shall have them approved by the Town Attorney, and then remm all of the documents back to you. At this point, it is your responsibility to send all of the documents to the Suffolk County Clerk's for recording. The resolution of the Southold Town Board accepting the road and drainage have no validity until such time as all of the documents are received from your office in the proper order suitable for filing in the Suffolk County Clerk's Office. You must then send them to the County Clerk's Office for official filing. Upon receiving the recorded instruments back from the County Clerk's Office, you must return that original copy to the Town of Southold. Very truly yours, Southold Town Clerk Enclosures O ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 RECEIVED JUL 2 5 2001 OI~FICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town ClerL July 20, 2001 Irwin Popkin, Esq. 1138 Wilham Floyd Parkway Shirley, New York 11967 Dear Mr. Popkin: In accordance with our telephone conversation today, I am returning the three copies of both the "Application and the Dedication and Release" of Elijah's Lane Estates Homes Owners Association, Inc. for the laying out of highways at Mattituck in the Town of Southold, Suffolk County, New York" signed by Mr. Alpcrti" for lack of a date of notarization by the notary public. Please have the notary complete the date and return all six (6) documents to my office. Very truly yours, Southold Town Clerk Enclosures (6) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gregory F. Yakaboski, Town Attorney Elizabeth A. Neville, Town Clerk Elijah's Lane Estates Road Dedication 7/6/01 Greg: I just received this letter from James Richter, R.A., together with six (6) copies of the attached map. Please advise~ Thank you. cc: Supervisor Cochran & Town Board Supt. of Highways Jacobs Town Engineer J. Richter JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765-1366 Q JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (516) - 765 - 1560 RECEIVED OFFICE OF THE ENGINEER TOWN OF $OUTHOLD JUL 6 2001 Elizabeth A. Neville Town Clerk Town Hall, 53095 Main Road Southold, New York 11971 Southolcl Town Clerk July 6, 2001 Re: ELIJHAS LANE ESTATES - Section 2 & 3 Final As-Built Surveys/Plans for Dedication SCTM #: 1000- 108-04-7.42 & 7.55 Dear Mrs. Neville: Enclosed please find six (6) sets of the Final As-Built Plans for the above referenced subdivision. I have reviewed tills Plan by telephone with Mr. Jacobs and he has concurred that this was the last outstanding item required by his office before he could recommend the acceptance of the Road & Drainage Systems for Dedication. Please review this matter with the Town Attorney's Office and let me know if any additional information is required. At this time, the Road & Drainage Systems within this subdivision are considered complete and are fully functional and in good working order. The As-Built Survey Maps enclosed are considered acceptable and meet the minimum requirements of the Town Code. If you have any questions concerning this matter, please contact my office. CC: Si rely, ~.~__.~ C) o~ BURTON BEHRENDT SMITH,,c ENGINEERS ARCHITECTS SURVEYORS 24.4- EAST MAIN ST, PATCHOGUE, N.Y. 11772 , (516) 475--0549 FAX 475--0561 RECEIVED JUL! 6 2001 Southold Towa CIo~ PROJECT AS--BUILT SURVEY OF MA~ ELIJAH'S LANE ESTATES, SEC(~tl FILED: JANUARY 4, 1996, FILE N AND OCTOBER 8,1996 FILEI' SITUATED AT MATTITUCK TOWN OF $OUTHOLD, SUFFOLK COUN'I II PROKOP & PROKOP ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY I 1 778 TELEPHONE (631) 8211314 RECEIVED Ilk1' 3 0 May 28, 2001 175 ROt~E 25A EAST SETAUKET, NEW YORK I 1733 Elizabeth Neville Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Schembri Homes, Inc Dedication - road and drainage area 1000/33/6/12 1000/40/2/6.11 1000/40/2/6.12 Dear Ms. Neville: By letter dated April 6, 2001, we forwarded copies of the three recorded deeds conveying the open space to the homeowner's association. Please forward confirmation of the dedication to the undersigned at your earliest convenience. si~%ely, Dav~ Prokop ELIZABETH A. NEVILLE TOWN CLERK REGISTti2J{ OF VITAL STATISTICS MAHRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: Grego~ F. Yakaboski, Town Attor~ Elizabeth A. Neville, Town clerk ~_~ David Prokop_, Esq: Homestead Acres Open Sp~ace Deeds 5/17/01 Greg: Attached are copies of the O~pen Space Deeds to the pro~perq/, owners association which David Prokop faxed to me on Monday. He says he sent these deeds to me, which I have not received in the mail. Did he send them to the Town Attorney's office? Also, cop.y of Mr. Prokop's letter dated May~ 8, 2001. I am not sure what he is asking for. He is asking me to send confirmation of the dedication. The dedication of Willow Drive and drainage area was accepted on Janua~ 16, 2001. Yet he keep asking for approval of the open space deeds. Mary's letter of February 28, 2001 asks him to send copies to the town. What further approvals does he need. Please check y. our files and check with Mar~ and call him. Thankyou. TOWN ^TTORN~Y MARY C. WILSON ASSISTANT TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih townattorneyC~outhold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD February 28, 2001 Davlm r ~ v,~v},, Prokop & Pmkop 131 Rome 25A Rocky Point, New York 11778 RE: Willow Street road dedication Dear Mr. Piokop: Thank you for providing the revised title certifications for the above referenced project. However, the Town still needs copies of the deeds for the open space parcels indicating the ownership with the Homeowners Associatiom We appreciate your attention to this matter. Sinc.erely,~, Ass~ Town Attorney Cc: Jean Cochran, Supervisor Raymond Jacobs, Superintendent of Highways James Richter, Office of Engineer Craig Turner, Planning Department C) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: GREGORY F. YAKABOSKI, TOWN ATTORNEY MARY WILSON, ASSISTANT TOWN ATTORNEY FROM: ELIZABETH A. NEVILLE, TOWN CLERK Road Dedication of Homestead Acres (Willow Drive) DATE: 2/2801 I received a telephone call from David Prokop re: corrected title report. He said that he mailed the corrected copy back to the Town Attorney several weeks ago. Please advise whether or not you received it. The filing in the Suffolk County Clerk's Office is pending receipt of this document. Thank you. 05/14/2001 15:43 5168211190 PROKOP PROKOP PROKOP & PROKOP ATTORNEYS AT LAW ! 3 ! Ro~rr~ 25A ROCKY POlt~rr, NY I 1778 FACSIMILE TRANSMITTAL PAGE 01 TO: FROM: RE: DATE: Elizabeth Neville David Prokop, Esq. Homestead Acres Open Space Deeds MAY 14, 2001 # OF PAGES INCLUDING COVER SHEET: COMMENTS: Copies of certified deeds for 1000/33/6/11, and 1000/40/2/6.003. 1000/40/2/6.010 o5/i~/2ooi i5:43 5i682ili9o PROKOP PROKOP PAGE ,/~/ o' C' ~'"'~- '~"~'~'/~.(""~ ~ ~" ' , ' "..' '* ' I ".- :an a~d S~e De~ with Covert ag~i~a Gr~tor's Acts ..... ,~.~~ENT SHOULD BE USED BY LAVOI'ERS ONLY ~k ~-~.~ THIS I~DENTURE. made thc I q ~oay of F"h~=?~'Y Two Thousand One 02 SCItlgMBRI HOMES, INC. 2042 North Country Road Wading myer, York party of the first .part, HOMESTEAD ACRES HOME ~S ASSOCIA.TION, INC. ~OL-~ ~ 0~.~J~-~ ~ party of the seCond part- WITNIgSSETH, that the parry of the first part, in consideration of Ten Dollars and other valuable consideration paid by the par~ of the second part, does hereby grant ~nd release unto the party of the second part, the heir~ or successors and assigns of the party of the second part forever, all that cer~zain plot, piece or p~rcel of land, situate, lying and being. SEE SCHEDULE "A' ATTACH]gD HERETO AND MADE A PART HEREOF. DISTRICT: 1000 SECTION; 040.00 BLOCK: 02.00 LOT: 006.010 SAID PREMISES KNOWN AS: BEING AND INTENDED TO BE the same premises as acquired by deed from Sarasota, Inc. dfo/a Credit Control Management dated February 26, 1997 recorded March 11, 1997 in Liber 11820 cp 243. This conveyance has been made with the unan~nous comcnt, ill writing, o£ all the stockholders of thc party of the frrst part. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOOETItER with the appurtenances and all the estate and lights of the party of the first part in and to said premises; TO ItAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Sectiun 13 of thc Lien Law, covenants that the party of the first pa~ will receive the consideration for the conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the ooat of the improvement and w/Il apply the same first to the payment of the cost of the improvement before using any par~ of the total of the same for any other purpose. The word "party" shall be constructed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WI-IEREOF, the party of the first part has duly executed this deed the day and year first above written. IN ?RESet CE OF: BY: SCI-IEMB. J~,I HOME~. INC. 05/14/2001 iS: 43 5i60211i90 PROKOP PROKOP PAGE 03 , O O STATE OF NEW YOItI4.,' cOUNTY OF S~OL~ ss: Indivldual/Co~ On ~e/q~day of~ 2001, before me, ~e ~i~ed, p~sona~y app~md . . p~rsonMly ~o~ to me or prov~d ~ me on ~ b~i~ of sa~facto~ e~d~ncc ~ be ~ mdivi~ual(~ whose na~(s) is (are) subscribed to ~e wiffim ~ent ~ ac~owledged to me ~t he/she/~ey exccut~ ~e s~e ~ hi~effthek capaciW(ies), and that by his~ez/~eir si~s~e(s) on ~e ~ent, ~ ~dividual(s), or ~c person on behalf of w~ch ~e individual(s) acted, executed the ~s~t, OAV[~ 8 ~ROKOP N~a~ Publlc, S~e et New ~ No. Ouallfl~ in Suffolk ~mm~ion ~ir~ Feb ~ ~ STA~ OF ~W yO~ CO~ OF s~OLK) ss: Indivldual/Corp On ~e day of 2000, before ~e, ~e ~dersi~ed, p~aon~ly appeared personally ~own to mc or proved to m~ on ~c basis of aafia~acto~ evidence tn be &e indiv~dual(~) whose na~e(s) ~s (arc) subscribed ~o the w~n ~nt ~d ac~owlc~ed tn me ~at he/ah~e~ execu~d ~c s~e ~ ~s~er/~ek capaci~0es), and tha~ by hi~er/~eff signa~e(s) on ~e ~ot, ~e ~vidual(s), or ~c pe~on on b~alf of w~ch ~e ~d~vidual(s) acte~ ~xccuted ~e ~s~ent STATE OF NEW YORK, COUNTY OF ) ~s: Subscribing witness On the day of 1999, before me, the undersigned, personally appeared the subscribing witness to the foregoing inslzmnent; with whom I am personally acquainted, who, being by m.e duly sworn, did depose and say that he/she/they reside(s) in _; that he/she/they know(s) to be the inclividual described in and who executed the foregoing instrument; that said subscribing wimess was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a wimess thereto. STATE OF , COUNTY OF ) ss: On the day of , before me, the undesigned, personally appeared Outside NYS personally known to me or proved to me on the basis of sat~sfaeto~ evidence to be the individual(s) whose name(s) is (are) · subscribed to the within immanent and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by h/s/her/their signature(s) on the insha.nnent, the individual(s), or the person upon behalf of whieh the individual(s) acted, executed thc instnunenL and that such individual made such appearance before the undersigned in the (insert city or other political subdivision and the state/country or other place acknowledgment was taken) STATE O]F , COUNTY OF ) ss: On the day of 1998, before me, the undersigned, personally appeared Outside NYS subscribing the subscribing wimps to the foregoing instrument, with whom I am personally acqu~ated, who, being by me duly sworn, did depose and say the he/she/they re.side(s) in __; that he/she/they knows to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said _, execute the same; that said witness at the sa.me time subscribed his/hcr/thei~ name ~ a witness thereto; ~nd that said subscribing witness made such appearance before the undersigned in 0~/~4~2001 5i682iii9o (D PROKOP PROKOP Title No.: L 253283 SCH~iDULE A CON'I'INUED... PARCEL 1I PAGE 04 ALL that certain plot, piece or parcel of land, situate lying and being at . Gteenpo~ in the Town of Southold, known and designated as an "Open Space" area shown on a certain map entitled, "Map of Homestead Acres at Greenporf', filed in the Office of the Clerk of the County of Suffolk on July 17, 1989 as Map No. 8150, also shown and designated on the Keal Property Tax Map as District: 1000, Section: 040.00; Block: 02.00. Lot: 006.010, which said "Open Space" area is more particularly bounded and described as follows: BEGINNING at a point on the Easterly side of Willow Drive, a private road shown off the aforesaid map, distant 125.00 feet Northerly from thc extreme Northerly end of an arc of a curve which connects the Easterly side of Willow Drive with the Northerly side of Willow Drive; RUNNING TI-IENCE along the Easterly side of Willow Drive, North 02 degrees 17 minutes 10 seconds East, 322.66 feet; THENCE South 87 degrees 42 minutes 50 seconds East, 235.07 feet to Map of Eastern Shores, Sec. :2, Map No. 4426. THENCE along said Map of Eastern Shores, Sec. 2, Map No. 4426, South 03 degrees 53 minutes 00 seconds 107.49 feet to land now or formerly ofl. M.S. Land and Development Corp.; THENCE along said last mentioned land South 04 degrees 17 minutes 20 seconds West, 215.94 feet to the Northerly line of the Drainage Area shown on the above STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMP~ARED THE ANNEXED COPY ~ IN TESTIMONY WHEREOF, I HA~JE HEREUNIO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~_~ r~C~DAY OF /~'~1 ~-- ~oo/. CLERK 15:43 TORRENS TP-584 Deed / Mortgage Tax Stamp FEES PROKOP PROKOP Notation LA-52 17 (County) LA-f217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Co~F'~ Reg, Copy Other /C $ OO Sub Total Sub Total OF~AN D TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot Initial Satisfactions/Discharges/Releases List Property Owners Mailinl RECORI~ & RETUR~N TO: e:,. e, SUFFOLK COUNTY L 000012110 ? 959 DT# 00-32492 PAGE 05 Recording / Filing Stamps Morlgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec. /Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment~ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES___or NO If NO, see appropriate tax clause o~ page # __ of this instrument. C0rrmaunity Preservation, F~tnd Consideration Amount $ ~'! ~ TD TD 'itle Com tony Information Co. Name Suffolk County Recprding & Endorsement Page This page forms part of the attached ~ made by: BOXES 5 THRU 9 MUST BE TYPED OR PRI2N I ~D IN BLACK INK ONLy PRIOR TO RECORD/NG OR FILING. SUFFOLK COUNTY, NEW YORK. In the VILLAGE or HA,MLET of ' 0~/~4/2001 ~ ~3 ~11190 , ~ O /,~ c., ~' ~. ~'~ ~ ,~ ,,, LA~Y~RS ONLY : T~S I~ENT~, made the / ~y of ~~o Thousand One ScI-r~MBRI HOMES, INC. 2042 North Count~/Road Wading River, New York party of the first part, BY .)M~ESTEA][} ACRESHOlYIE$ ASSOCIATION, INC. W~NESSETH, &at the pa~ of Se fi~t pR ~ consideration ofTen Dollars and o~ v~uable consideration paid by the pa~ of &e second pa~, does hereby grant ~d release rote ~e p~ of the second pm, ~e heks or successors and assi~ of ~e p~r~ of the second p~ forever, all ~at ce~ plot, piece or parcel of l~d, situate, l~g and being, SEE SCHEDULE "A" ATTA,:H ~D HERETO AND MADE A PART HEREOF. DISTRICT: 1000 SECTION: 033.00 BLOCK: 06.00 LOT: 011,000 SAID PREMISES KNOWN AS: BEING AND INTENDED TO BE the same premises as acquired by deed from Sarasota, Inc. dfo/a Credit Control Management dated February 26, 1997 recorded March 11, 1997 in Liber 11820 cp 243, Th~s conveyance has been made w/th the una~mous consent, in writmg~ of all the stocldaolders of the pa~y of the first part. TOGETItER with all right, title and interest, if any, of the party of the first part oft in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said prvmises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the paxty of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the flu'st part will receive the consideration for the conveyallee and will hold the right to receive such consideration as a ~ust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constructed as if it read "parties" whenever the sense of this indenture so requ/res. IN WITNesS WIt~REOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESEN~ BY: p y ~ ~o mc or ~oved to mc on the b~is of satisfactoW eyid~ce to be ~e ~vidu~(s) whose name(s) is (are) subscribed to ~e wi~ ~t ~d ac~owledged to me ~at he/she/they execu~M &e samc in ~cr/the~ capaci~(ies), ~d that by ~s ~r/&e~ ~a~c(s) on ~e im~men~ the ~vid~l(s), or &e p~on on behMf of which the ~vidual(s) acted, ex.ute ae ~s~ent. N~ Publl~, ~a~ of N~ ~ No. 4977633 - Quailed in S~k ~u~ STATE OF ~ ~ YO~ CO~ OF S~FOLK) as: Individual/Corp On ~e da ~f 2000~ before mc, the ~dcrsi~ed, p~sonaHy appeared perso~ly ~o~ to me or proved tn me on the b~is of sa~sfacto~ evidence to be ~e ~vidu~(s) whose narc(s) is (~c) subsc~bed to ~e ~ ~ent ~d ac~owledged tn me ~t he/~ey exc~t~ ~c s~e ~ his~er/~e~ capeci~y(ies), ~d ~at by hi~er/~c~ sf~a~e(s) on ~ ins~mcuL ~e ~vi~al(s), or ~e person on beef of which ~c individual(s) acted~ executed ~e ~ent. STATE OF NEW YORK, COUNTY OF ) ss: Subscribing witness On the day of 1999, before me, the andersigned, personally appeared the subscuaq>ing witness to the foregoing ins~a'urnent, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in _; that he/she/they know(s) to be the individual described in and who executed the foregoing insmmaent; that said subscribing wlmess was present and saw said execute the same; and that ~aid witness at the same time subscribed his/her/the/r name(s) as a wimess thereto. STATE OF , COUNTY OF ) ss: On the day of , before me, the undesigncd, personally appeared Outside NYS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instlannant and acknowledged to me that he/she/they executed the Same in his/her/their capacity(ica), that by h:~s/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (insert city or other political subdivision and the state/cotmtry or other place acknowledgment was taken) STATE OF , COUNTY OF ) ss: On the day of 1998, before me, the undersigned, personally appeared Outside NYS subscribing the subscribing witness to the foregoing mZtrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say the he/she/they reside(s) in ; that he/she/they knows to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; that smd witness at the same time subscribed his/her/their name as a witness thereto; and that s~-d subscribing witness made such appearance before the undersigned in Bargain and Sale Deed with Covenant against Grantor's Actg Title No.: L 253283 SCHEDULE A CONTINUED,.. PARCEL 1~ ALL that'certain plot, piece or parcel ofl~ud, situete lying and being at Greenport, in the Town of Southold, lmown mad designated as an "Open Space" area shown on a certain map entitled, "Map of Homestead Acre~ at Crfeenport", fried in the Office of the Clerk of the County of Suffolk un July 17, 1989 as Map No. 8150, also shown and designated on the Real Property Tax Map as District: 1000, Section: 033.00, Block: 06.00. Lot: 011.000, which said "Open Space" area is more particularly bounded and described as follows: BEGINNING at a point on the Easterly side of Willow Drive, a private road shown on the aforesaid map, distant 447.66 feet Northerly from the extreme Northerly end of~ are ora curve which connects the Easterly side of Willow Drive with the Northerly side of Willow Drive; RUNNING THENCE along the Easterly side of Willow Drive, North 02 degrees 17 minutes 10 seconds East, 194.00 feet to the Southerly line of Lot No. 3 on the aforesaid map', THENCE along the Southerly line of Lot No. 2, South 87 degrees 42 minutes 60 seconds East, 214.10 feet to Map of Eastern Shores, Sec. 2, Map No. 4426; THENCE along said Map of Eastern Shores, Sec. 2, Map No. 4426, South 3 degrees 53 minutes 00 seconds East, 195.13 feet; THENCE North 87 degrees 42 minutes 50 seconds West, 235.07 feet to the Easterly side.of_Willow Drive to the noint or nlace of BEGINNING. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COI~IPARED THE ANNEXED COPY~:3F DEED /~//~) AT PAGE ~d) RECORDED ~ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL D_~ AND OF THE WHQ~EREOF. IN TESTIMONY WHEREOF, I H/~VE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS3 y~{~ DAYOF/~//~/ ~_ 3oo/ - CLERK Number of pages TORRENS Serial ~ Certificate # Prior Ctf. # Deed / Mortgage Instrument Page / Filing Fee Handling TP-584 PROKOP PROKOP i~ed / Mortgage Tax Stamp FEES Notation CA-5217 (State) Comm. of Ed. Affidavit Reg. Copy Other 5 O0 Sub Total Sub Total O l~a-N D TOTAL Section Real Property Tax Servia m~ency Verification B lock [ Lot Satisfactions/Discharges/Releases List Pre ,erty Owners Mailing Address RECORD & RETURN TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec,/Assit. Or Spec. /Add, ---- -- TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment -- r? Transfer Tax ( ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only, YES ,. or NO__ If NO, see appropriate tax clause on page # __ of this instrument. 16 Com uni Preservation? Furxd Corlsideration Amount $ (~' ~ Improved Vacant Land TD T~ TD Suffolk County Recording & Endorsement Page (SP~Y ~E OF ~S~ ) ~e ~e~ses heroin is si~ted ~ S~OLK CO~, ~W YO~ BO~S 5 ~U 9 ~ST BE ~ OR P~'I ~D ~ BLACK ~ O~Y P~OR TO ~CO~G OR FIL~G~ [ s [ ~itle Company Information __ made by: TInS ~DE~~, made ~, ~Two Thousand One SC~ HOMES, ~C. 2042 No~ Coun~ Road Wading myer, New Ymk I [ party of the first part, ~HOMESTEAD ACRES HOMES ASSQCIATION, INC. WITNESSETIt, that thB party of the £~rst part, in consideration ofTen Dollars and other valuable consideration paid by the party of the second pazt, does hereby gr~nt ~d release unto the party of the second part, the hei~ or successors and assigns of the party of the second part forever, ~11 that certain plot, piece or parcel of land, situate, lying and being. SEE SCHEDULE "A" ATTACHED }tERETO AND MADE A PART HER.EOF, DISTRICT: I000 SECTION: 040.00 BLOCK: 02,00 LOT: 006,003 SAID PREMISES KNOWN AS: BEING AND INTENDED TO BE the same premises as acquired by deed from Sarasota, Inc. clgo/a Credit Control Management dated February 26, 1997 recorded March i 1, 1997 in Liber 11820 ep 243. This conveyance has been made with the una~mous consent, in writing, of all the stockholders of the party of the first part. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-d~scrlbed premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second par~ forever. ~ the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered J.n any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the frrst part will receive thc consideration for the conveyanoe and will hold the r/ght to receive such consideration as a t-mst fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word '~party" shall be constructed as if it read "parties" whenever the sense of this indenture so requires. I-N WITNESS WIIEREOi*, the party ofthe first part has duly executed this deed the day and year first above written. IN PRESEN~ BY: . STA~ E OF ~W ~O~ CO~TY OF S~FOLK) s~: Indivldual/Corp O~he/q~ay of ~2001, bcfo~ me, ~e undersea, versonally appe~ed personally ~own to me or proved to ~ on &e basis of sa~sfacto~ evid~c~ to be ~e ~duM(s) whose name(s) is (are) subsc~b~d to the wi~ ~s~en~ ~d ac~owledgM ~ me ~at he/shelley executed ~e s~c ~ ~cr/their capaci~(ies), ~d that by his~er/~k signa~re(s) on ~e ~m~t, ~e ~di~du~(s), or ~e person o~ be~ of w~ch ~c iadivid~l(s) acta& executed ~en~ ~0 ~ P~OKO~ / // ~WPobli~, STYe of NewYotk ~ / ~ I / No ~77533 ' ~ ~ Ousl~ed In S~olk ~un~ ~ ~ ~mml~ion ~ir~ ~b ~ ~ ~ STATE OF ~W YO~ CO~Y OF S~L~ ~: ' ~dividuaUCorp On ~ ~y of 2000, befo~ me, ~e ~d~si~e~ personally appe~cd personally ~o~ ~ mc or proved to ~ o~ ~e b~is of sa~facto~ ~vid~ce to be ~e m~vidu~(s) whose name(s) is (are) subsc~bed to ~e wi~ ~s~ent ~d ac~owledg~ to me ~at he/shiley executed thc same in h~/~e~ capaciW(ics). and that by ~s/h~/~eff silage(s) on ~c ms~mcn~ ~e ~di~du&(s), or ~c person on behaff of w~ch the acted, executed the ins~mcnt. STATE OF NEW YORK, COUNTY OF ) ss: Subscribing witness On the day of 1999, before me, the undersigned, personally appeared the subscribing wimess to the foregoing instalment, with whom I am personally acquainted, who. being by me duly sworn, did depose and say that he/she/they reside(s) in .; that he/she/they {low(s) to be the individual descn~oed in and who executed the foregoing ix~amment; that said subscribing wimess was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witlless thereto. STATE OF , COUNTY OF ) ss: On the day of , before me, the undesigned, p~rsoually appeared Outside NYS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) who=e name(s) is (are) subscxibed to the within inslxument and acknowledged to me that he/she/they executed the same in h/s/her/their eapacity(ies), that by h/s/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the/msirument, and thai: such individual made such appearance before the undersigned in the (insert city or other political subdivision and the s~ate/country or other place acknowledgment was taken) STATE OF , COUNTY OF ) ss: On the day of 1998, before me, the tmdersigned, personally appeared Outside NYS subscribing the subscribing witness to tha foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say the he/she/they residu(s) in __ ; that he/she/they knows to be the individual described in and who executed the foregoing instmmaent; that said subscribing witness was presem and saw said execute the same; that said witness at the same time subscribed kis/hcr/theLr name as a wil~ess thereto; and that s~'d subscribing witness made such appearance before the undersigned in Baxgain and Sale Deed with Covenant against Grantor's Acts Si682iii90 PROKOP PROKOP PAGE Title No.: L 253283 SCHEDULE A PARCEL I ALL that certain plot, piece or parcel of land, situate lying and being at Greenport, in the Town of Sourhold, known and designated as an "Open Space" area shown on a certain map entitled, L:Map of Homestead Acres at Crreenport", filed in the Office of the Clerk of the County of Suffolk on July 17, 1989 as Map No. 8150, also shown and designated on the Real Property Tax Map as District: 1000, Section: 040.00, Block: 02.00. Lot: 006.003, which said "Open Space" area is more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of Middle Road (CR. 48) where the Easterly line Lot No. 2 on the aforesaid map and the Westerly line of the premises herein described intersects same; said point also being the following two courses and distances from where the Easterly line of land now or formerly of Morrison intersects the Noktherly side of Middle Road (C.R. 48): 1) North 55 degrees 01 minutes 50 seconds East, 79.44 feet; 2) North 55 degrees 01 minutes 10 seconds East, 202.65 feet to the true point or place of begimaing. RUNNING THENCE along the Easterly line of Lot No. 2 on the aforesaid map the foLlowing two courses and distances: i) 2) North 11 degrees 00 minutes West, 112.78 feet; North 04 degrees 06 minutes East, 1 ltl4 feet; THENCE along the Northerly line of Lot No. 2 on the aforesaid map, North 87 degrees 42 minutes 50 seconds West, 203.99 feet to the Easterly side of land now or formerly of Morrison; THENCE along said land North 02 degrees 17 minutes 10 seconds East, 125.00 feet to the Southerly line of Lot No. 4 on the aforesaid Map; TI-IENCE along the Southerly and Southeasterly line of Lot No. 4, the following two courses and distances: 1) South 87 degrees 42 minutes 50 seconds East, 202.12 feet; 2) North 40 degrees 47 minutes East, 117 16 feet to the Southerly side of Willow Drive, a private road shown on the aforesaid map; Continued Title No,: L 253283 SCHEDULE A CONTINUED... PARCEL I, Continued... THENCE along the Southerly side of Willow Drive, South 87 degrees 42 minutes' 50 seconds East, 236.21 feet to the Northeast comer of land now or formerly of Thygesen; THENCE along said land of Thygesen and lands now or formerly of Cottral and Saccone the following five courses and distances: 1) 2) 3) 4) South 60 degrees 01 minutes 04 seconds West, 190.10 feet; South 19 degrees 41 minutes 30 seconds East, 7308 feet; South 78 degrees 46 rrfinutes West, 126.77 feet; South 04 degrees o6 minutes West, 129.92feet; 5) South 11 degrees 00 minutes East, 83.92 feet to the Northerly side of Middle Road (C.R. 48); THENCE along the Northerly side of Middle Road (C,R. 48), South 55 degrees 01 minutes l0 seconds West, 54.72 feet to the point or place of BEGINNING. STATE OF NEW YORK COUNTY OF SUFFOLK SS: I, EDWARD P, ROMAINE, CLERK OFTHE COUNTY OF SUFFOLK AND CLERK OFTHE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY DF DEED //~t//~ AT PAGE '~ ~r~ RECORDED ~ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DE~ AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE S~L-OF SAID CO--ND COURTTHIS~.~ r'C~/DAY OF ~-P'~/4_ c~oo/. CLERK 85/14/2001 15:43 Number of pages TORRENS Serial #. Certificate # Prior Cfi, # Deed / Mortgage Instrument 5168211198 41 Page / Filing Fee Handling TP-584 No~ation EA 52 17 (County) PROKOP PROKOP PAGE 14 FEES .... ~L~R_~ ~. L D00012110 EA-5 217 (State) R_P.T.S,A Corem, of Ed. 500 Affidavit Certifi Copy __ Sub Total .................. Sub Tot~ ~ ~ Real Pfc lniti4[ I erty Tax Service Agency Verificafion Section B lock [ Lot I Mortgage Amt. 1. Basic T~X 2. Additional Tax Sub Total Spec./Assit. 0[ Spec_/Add, TOT, MTG. TAX Dual Town Dual Cou ty Held for Apportionment The propeft~ covere is or will be improved by a one or two family dwelling only YES or NO__ If NO, see appropriate tax clause on page # Community Preservation~,pnd CPF Tax Due $ / Satisfactions/Discharges/Releases List Pre ~¢rty Owners Mailing Address RECORD & RETURN TO: TD TD Suffolk County Recording & Endorsement Page (SPF_X2/I~ TYPE OF INSTRUMENrr ) SLrFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE/---~ or HAIvlLET of (-~, f'-'~(~4'~ F~--~ Title Company information made by: BOXE~ 5 TIIRU 9 MUST BE TYPED OR PRIN I~D 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. RECEIVED ~A¥ 10 200] D^v,~ ~. ~.oKo~Jouthold Town Clerk PROKOP & PROKOP ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY 11778 May 8, 2001 BY CERTIFIED MAIL Elizabeth Neville Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Schembri Homes, Inc Dedication - road and drainage 1000/33/6/12 1000/40/2/6.11 1000/40/2/6.12 area Dear Ms. Neville: By letter dated April 6, 2001, we forwarded copies of the three recorded deeds conveying the open space to the homeowner's association. Please forward confirmation of the dedication to the undersigned at your earliest convenience. Dav~. Prokop PROKOP & PROKOP ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY 11778 April 12, 2001 Karl Haasper P.O. Box 522 Greenport, NY Re: Homestead Acres Homes Association, Inc. Dear Mr. Haasper; The three open space lots were conveyed by Schembri Homes, Inc. to the association on April 2, 2001. Enclosed is a copy of the bylaws for the association and the most current list of names and addresses for residents at Homestead Acres for~ which we have mailing information. The bylaws state that each lot owner is automatically a member of the association and the association is to operated by elected officers and directors. No election has been held to date for these positions. Taxes on all three lots (1000/33/6/12; 1000/40/2/6.11 1000/40/2/6.12) are paid through May 31, 2001. Please advise if I can be of association. cc: Schembri Homes, Inc. any assistance with the Sin? :~y, Day: ~ Prokop and TO~NN ATTORNEY'S OFFICE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE TOWN REGISTRAR OF VITAL STATISTICS lVIAHRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Re: Raymond L. Jacobs, Superintendent of Highways James Richter, Town Engineer Gregory F. Yakaboski, Town Attorney Elizabeth A. Neville, Town Clerk Proposed Dedication Of road and drainage area of "Homestead Acres at Greenport" Date: April 10, 2001 Please review the enclosed easement and send me your recommendations in writing. Ifall is in order, I will place it on the Town Board agenda for the April 26, 2001. Thank you. © TO: FROM: DATE: RE: MEMORADUM ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY ~ MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY '~'--~'~ APRIL 11, 2001 YOUR MEMO RE:ROAD DEDICATION FOR "HOMESTEAD ACRES" AT GREENPORT Attached to your memo dated April 10, 2001 are copies of deeds from Shembd Homes to the Homeowners Association for open space parcels. These items were outstanding (for his site plan compliance) and it appears now we have compliance. I believe the dedication of VV~llow Lane and drainage was done by resolution on January 16, 2001 (see attached). The recorded deeds conveying the open space parcels to the Homeowners Association does not require Town Board action. Thank you for your attention to this matter. ELIZABETH A. NEV~I J.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 94 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2001: WHEREAS, Schembri Homes, Inc. has made application to the Town Board of the Town of Southold to dedicate a certain road in Greenport, New York, known as Willow Drive and Drainage Areas designated on a certain map entitled Homestead Acres, filed in the Office of the Clerk of the County of Suffolk on July 17, 1986 as Map No.8150; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highway and has advised the Town Board that he inspected said highway and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certa'm maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. Elizabeth A. Neville Southold Town Clerk PROKOP & PROKOP ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY I 1778 TELEpI lONE (631 ) 821 - 1314 April 6, 2001 BY CERTIFIED MAIL Elizabeth Neville Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Schembri Homes, Inc Dedication - road and drainage area 1000/33/6/12 1000/40/2/6.11 1000/40/2/6.12 APR l 0 2001 So~olll Tm CIE~ Dear Ms. Neville: Enclosed are copies of the three recorded deeds conveying the dedicated parcels to the homeowner's association. Please forward confirmation of the dedication to the undersigned at your earliest convenience. cc: Schembri Homes, Inc. Dav~Prokop CC~ r'~SULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS 1]VSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ]~/~ay of F.~r4m~Two Thousand One SCHEMBRI HOMES, INC. 2042 North Country Road Wading River, New York ~ ~ ~-~ q ~ A~D9 party of the first part, OMESTEAD ACRES HOMES ASSQCIATION, INC. Iok.}Od~ I~ ~..~XO -e.4"/k~.~. I~ ~,"1 q ~ party of the second part. WITNESSETH, that the party of the fa-st part, in consideration often Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all that certain plot, piece or parcel of land, situate, lying and being. SEE SCHEDULE "A' ATTACHED HERETO AND MADE A PART HEREOF. DISTRICT: 1000 SECTION: 040.00 BLOCK: 02.00 LOT: 006.003 SAID PREMISES KNOWN AS: BEING AND INTENDED TO BE the same premises as acquired by deed from Sarasota, Inc. dfo/a Credit Control Management dated February 26, 1997 recorded March 11, 1997 in Liber 11820 cp 243. This conveyance has been made with the unanimous consent, in writing, of all the stockholders of the party of thc first par~. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of thc second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for the conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constructed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE O BY: scT ST.A'I E OF NEW YORK, COUNTY OF SUFFOLK) ss: Individual/Corp On, the/q/~ay of ~]~001, before me, the undersign_ed, oersonally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within inammaent and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and ~at by hi .s~,er/.~, ir signatnre(s) on thc instrument, thc individnal(s), or thc person on behalf of which thc individual(s) actea, executeu th~i~smanent. DAVID B PROKOP ~ I / NOtal~ Publlo, Sta~u of NOw York nu. 4o??saa EW ~ualiflad in Su~olk County j ~,ommiaaion E~ima ~ 04 ~ -~ STATE OF YORK, COUNTY OF SUFFOLK) ss: Individuai/Corp On the day of 2000, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instnunent, the individnal(s), or the person on behalf of which the individnal(s) acted, executed the instrument. STATE OF NEW YORK, COUNTY OF ) ss: Subscribing witness On the day of 1999, before me, the undersigned, personally appeared the subscribing wimess to the foregoing instnunent, with whom I am personally acquainted, who, being by me duly swum, did depose and say that he/she/they reside(s) in ; that he/she/they know(s) .to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said . execute the same; and that said witness at the same thne subscribed his/her/their name(s) as a witness thereto. STATE OF , COUNTY OF ) ss: On the day of , before me, the undesigned, personally appeared Outside NYS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within insmunent and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individnal(s), or the person upon behalf of which the individual(s) acted, executed the insmmaent, and that such individual made such appearance before the undersigned in the taken) (insert city or other political subdivision and the state/country or other place acknowledgment was STATE OF , COUNTY OF ) ss: On the day of 1998, before me, the undersigned, personally appeared Outside NYS subscribing the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly swum, did depose and say the he/she/they reside(s) in ; that he/she/they knows to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; that said witness at the same lime subscribed his/her/their name as a witness thereto; and that s'~d subscribing witness mede such appearance before the undersigned in Bargain and Sale Deed with Covenant against Grantor's Acts Title No.: L 253283 SCHEDULEA PARCELI ALL that certain plot, piece or parcel of land, situate lying and being at Greenport, in the Town of Southold, known and designated as an "Open Space" area shown on a certain map entitled, "Map of Homestead Acres at Greenport", filed in the Office of the Clerk of the County of Suffolk on July 17, 1989 as Map No. 8150, also shown and designated on the Real Property Tax Map as District: 1000, Section: 040.00, Block: 02.00. Lot: 006.003, which said "Open Space" area is more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of Middle Road (C.R. 48) where the Easterly line Lot No. 2 on the aforesaid map and the Westerly line of the premises herein described intersects same; said point also being the following two courses and distances from where the Easterly line of land now or formerly of Morrison intersects the Northerly side of Middle Road (C.R. 48): 1) North 55 degrees 01 minutes 50 seconds East, 79.44 feet; 2) North 55 degrees 01 minutes 10 seconds East, 202.65 feet to the true point or place of beginning. RLrNNING THENCE along the Easterly line of Lot No. 2 on the aforesaid map the following two courses and distances: I) 2) North 11 degrees 00 minutes West, 112.78 feet; North 04 degrees 06 minutes East, 117.14 feet; THENCE along the Northerly line of Lot No. 2 on the aforesaid map, North 87 degrees 42 minutes 50 seconds West, 203.99 feet to the Easterly side of land now or formerly of Mordson; THENCE along said land North 02 degrees 17 minutes 10 seconds East, 125.00 feet to the Southerly line of Lot No. 4 on the aforesaid Map; THENCE along the Southerly and Southeasterly line of Lot No. 4, the following two courses and distances: 1) South 87 degrees 42 minutes 50 seconds East, 202.12 feet; 2) North 40 degrees 47 minutes East, 117.16 feet to the Southerly side of Willow Drive, a private road shown on the aforesaid map; Continued © O Title No.: L 253283 SCHEDULE A CONTINUED... PARCEL I, Continued... THENCE along the Southerly side of Willow Drive, South 87 degrees 42 minutes 50 seconds East, 236.21 feet to the Northeast comer of land now or formerly of Thygesen; THENCE along said land of Thygesen and lands now or formerly of Cottral and Saccone the following five courses and distances: 1) 2) 3) 4) South 60 degrees 01 minutes 04 seconds West, 190.10 feet; South 19 degrees 41 minutes 30 seconds East, 73.08 feet; South 78 degrees 46 minutes West, 126.77 feet; South 04 degrees 06 minutes West, 129.92 feet; South 11 degrees 00 minutes East, 83.92 feet to the Northerly side of Middle Road (C.R. 48); THENCE along the Northerly side of Middle Road (C.R. 48), South 55 degrees 01 minutes 10 seconds West, 54.72 feet to the point or place of BEGINNING. STATE OF NEW YORK COUNTY OF SUFFOLK SS: I. EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED C{3PY~F DEED /~//~') ATPAGE ~ RECORDED ~,/,d/c~C3/ · AND THAt IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED'AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HALOID AND AFFIXED THE SIck,L-OF SAID CO--ND COURT THIS~.~ re( DAY OF/~-~"/~/4_ o? o o/, CLERK Number of pages TORRENS Serial # Certificate #, Prior Ctf. # Deed / Mortgage Instrument 41 Deed / Mortgage Tax Stamp FEES RECORDED 2001 flor 02 01:48:34 PM Eduard P,Romaine CLERK OF SUFFOLK COUtITY L 000012110 P 958 DT# 00-~2491 Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) __ Sub Toml EA-5217 (State) R.P.T.S.A. /C Comm. of Ed. 5 O0 Affidavit ~ Reg. C~p~. Other Sub Total -- GRAND TOTAL Real Property Tax Service Agency Verificat2on Dist. Section B lock O. Co .oo Lot Satisfactions/Discharges/Releases List Property Owners Mailin RECORD & RETURN TO: Co. Name Suffolk Mortgage Amt. I, Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual Coudty__ Held for Apportionment ~ Transfer Tax ~ Mansion Tax ~ The property covered by'this mortgage is or will be improved by a one or two family dwelling only. YES ~ or NO If NO, see appropriate tax clause on page # __ of this instrument. '~-,~,xaxstdll~, x ,.,servatn Consideration Arr. ount $ CPF Tax Due $ Land TD TD Title Company Information Recordin & Endorsement ~[his page forms part of the attached ' (SPECIFY TYPE CF INSTRUMENr) SUFFOLK COUNTY, NEW YORK. In the Township of~(),.__. In the VILLAGE~ or HAMLET of ~. BOXES 5 THRU 9 MUST BE TYPED OR PRIIXrlED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. made by: CONSULT YOUR LAWYER i~ORE SIGNING THIS INSTRUMENT-THIS li~'TRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the lq ~aay of F~J~umaj Two Thousand One SCHEMBRI HOMES, INC. 2042 North Country Road Wadm Paver, New York I I party of the first part, HOMESTEAD ACRES HOMES ASSOCIATION, INC. ~,.~2~C~._~ ~_A'~Lff'-! ~,~,d~. , ~ ,) ~q ~. party of the second part. WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all that certain plot, piece or parcel of land, situate, lying and being. SEE SCHEDULE "A' ATTACHED HERETO AND MADE A PART HEREOF. DISTRICT: 1000 SECTION: 040.00 BLOCK: 02.00 LOT: 006.010 SAID PREMISES KNOWN AS: BEING AND INTENDED TO BE the same premises as acquired by deed from Sarasota, Inc. dfo/a Credit Control Management dated February 26, 1997 recorded March 11, 1997 in Liber 11820 ep 243. This conveyance has been made with the unanimous consent, in wxiting, of all the stockholders of the par~ of the first part. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center Hues thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for the conveyance and will hold the fight to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constructed as tf ~t read partres whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESi~F: BY: sc} E m3I HOME , mC. STATE OF NEW YORK, C~[~NTY ,DF SUFFOLK) ss: Individual/Corp On the/qj(day of .~-~m.m~y. 2001, before me, the und~signed, personally appeared personally known to me or proved to me on the basil of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the insffu~ent. DAVID B PROKOP Notaw Public, State of New York No. 4977533 Qualified in Suffolk County Commission Expires Feb 04 ~ ~ o,'~ STATE OF NEW YORK, COUNTY OF SUFFOL]O ss: [ndividuaFCorp On the day of 2000, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instxument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the insmunent, the individual(s), or the person on behalf of which the individual(s) acted, executed the instxument. STATE OF NEW YORK, COUNTY OF ) ss: Subscribing witness On the day of 1999, before me, the undersigned, personally appeared the subscribing witness to the foregoing inslmament, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in. ; that he/she/they know(s) tn be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said wimess at the same time subscribed his/her/their name(s) as a witness thereto. STATE OF , COUNTY OF ) ss: On the day of , before me, the undesigned, personally appeared Outside NYS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within insh-ument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the inslxttment, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the taken) (insert city or other political subdivision and the state/coantxy or other place acknowledgment was STATE OF , COUNTY OF ) ss: On the day of 1998, before me, the undersigned, personally appeared Outside NYS subscribing the subscribing witness to the foregoing insmsment, with whom I am personally acquainted, who, being by me duly sworn, did depose and say the he/she/they reside(s) hi .; that he/she/they knows to be the individual described in and who executed the foregoing insu'ument; that said subscribing witness was present and saw said execute the same; that said witness at the same time subscribed his/her/their name as a witness thereto; and that s~d subscribing witness made such appearance before the undersigned in Bargain and Sale Deed with Covenant against Grantor's Acts © Title No.: L 253283 SCHEDULE A CONTINUED... PARCEL H ALL that certain plot, piece or parcel of land, situate lying and being at Greenport, in the Town of Southold, known and designated as an "Open Space" area shown on a certain map entitled, "Map of Homestead Acres at Greenport", filed in the Office of the Clerk of the County of Suffolk on July 17, 1989 as Map No. 8150, also shown and designated on the Real Property Tax Map as District: 1000, Section: 040.00, Block: 02.00. Lot: 006.010, which said "Open Space" area is more particularly bounded and described as follows: BEGINNING at a point on the Easterly side of Willow Drive, a private road shown on the aforesaid map, distant 125.00 feet Northerly from the extreme Northerly end of an arc ora curve which connects the Easterly side of Willow Drive with the Northerly side of Willow Drive; RUNNING THENCE along the Easterly side of Willow Drive, North 02 degrees 17 minutes 10 seconds East, 322.66 feet; THENCE South 87 degrees 42 minutes 50 seconds East, 235.07 feet to Map of Eastern Shores, Sec. 2, Map No. 4426. THENCE along said Map of Eastern Shores, Sec. 2, Map No. 4426, South 03 degrees 53 minutes 00 seconds 107.49 feet to land now or formerly of J.M.S. Land and Development Corp.; THENCE along said last mentioned land South 04 degrees 17 minutes 20 seconds West, 215.94 feet to the Northerly line of the Drainage Area shown on the above STATE OF NEW YORK COUNTY OF SUFFOLK SS: I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMP~ARED THE ANNEXED COPY OF DEED /~?/O AT PAGE ~ ~ RECORDED ~,//~/o? OO / AND TEA3: IT IS A JUST AND TRUE coPY OF SUCH ORIGINAL DI~ED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET COUNTY AND COURT THIS ~/~/DAY OF ~- / ~- MY HAND AND AFFIXED THE SEAL OF SAID CLERK Number of pages TORRENS Serial # Certificate # Prior Qr. # Deed / Mortgage Instrument nl Deed / Mortgage Tax Stamp FEES RECORDED 2001RDr 02 01:48:~4 Eduard ?.Romaine CLERK OF SUFFOLK COUNTY L b00012110 P 959 DT# 00-52492 Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certitied Col~~ Reg. Copy Other 5 O0 __ Sub Toml Sub Total GRAND TOTAL Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town~ Dual County.~ Held for Apportionment ~_.~ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES ~ or NO If NO, see appropriate tax clause on page # of this instrument. Real Property Tax Service Agency Verification Dist. Section B lock Satisfactions/Discharges/Releases List Prope~ RECORD & RETURN TO: Lot CormnuniW Preservation Fund Consideration Amount $ CPF Tax DueL~/~,/' $ Improved TD / t/ TD TD ~itle Company Information ' cor n & Endorsement Pa e made by: I ~ (SPEO~ ~E OF m~) BO~ 5 ~U 9 MUST BE ~ OR P~D ~ B~CK ~ O~Y P~OR TO ~G OR FIL~G. CONS UL. YOUR LAWYER B'lU~ORE SIGNING THIS INST~L]M'~N~'I~HIS I~g~I~UMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ' 'day of ~br-uar~Two Thousand One SCHEMBRI HOMES, INC. 2042 North Country Road Wading River, New York I It~q party of the first part, L~.)~.~E ~AI~ AC.RES J~[OMES ASSOCIATION, INC. ~-~'~'~-., I~,~.'~) iVf~q~ partyoftheseeondpart. WITNE$$ETH, that the party of the first part, in consideration often Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all that certain plot, piece or parcel of land, situate, lying and being. SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. DISTRICT: 1000 SECTION: 033.00 BLOCK: 06.00 LOT: 011.000 SAID PREMISES KNOWN AS: BEING AND INTENDED TO BE the same premises as acquired by deed from Sarasota, Inc. dfo/a Credit Control Management dated February 26, 1997 recorded March 11, 1997 in Liber 11820 cp 243. This conveyance has been made with the unanimous consent, in writing, of all the stockholders of the party of the first part. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto thc party of the second part, the heirs or successors and assigns of thc party of thc second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for the conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constructed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE~F: BY: STA, TE oF NEW YORK, C~TY OF SUFFOLK) ss: 0 On thelq ~l:lay of Fe_~rr:a.--y 2001, before me, the undersigned, personally appeared lndividuaFCorp personally known to me or proved to me on the basis of satisfactory evidence to be the individnal(s) whose name(s) is (arc) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his~er/their signature(s) on the inslrument, the individual(s), or the person on behalf of which the individual(s) acted, execute i ghe instrument. / /i DAVID a PROKOP /~ l) Not~ry Public, State of New York STATE OF I~ ~omml~lon ~nplr~ Fob 04 ~ "Z-o~ ~ kW YORK, COUNTY OF SUFFOLK) ss: ' Individual/Corp On the d~ ' of 2000, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within immunent and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatnre(s) on the instntment, the individual(s), or the person on behalf of which the individual(s) acted, executed the insmmaent. STATE OF NEW YORK, COUNTY OF ) ss: Subscribing witness On the day of 1999, before me, the undersigned, personally appeared the subscribing witness to the foregoing inslxument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in .; that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subsccihing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. STATE OF , COUNTY OF ) ss: On the day of , before me, the undesigned' personally appeared Outside NYS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within insmtment and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signatnre(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the taken) (insert city or other political subdivision and the state/country or other place ackno~vledgment was STATE OF , COUNTY OF ) ss: Outside NYS subscribing On the day of 1998, before me, the undersigned, personally appeared the subscribing witness to the foregoing ins~'ument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say the he/she/they reside(s) in ; that he/she/they knows to be thc individual described in and who executed the foregoing inst~-ument; that said subscribing witness was present and saw said execute the same; that said witness at the same time subscribed his/her/their name as a witness thereto; and that s~-d subscribing witness made such appearance before the undersigned in Bargain and Sale Deed with Covenant against Grantor's Acts Title No.: L 2~3283 SCHEDULE A CONTINUED... PARCEL Ill ALL that'certain plot, piece or parcel of land, situate lying and being at Greenport, in the Town of Southold, known and designated as an "Open Space" area shown on a certain map entitled, "Map of Homestead Acres at Greenport", filed in the Office of the Clerk of the County of Suffolk on July 17, 1989 as Map No. 8150, also shown and designated on the Real Property Tax Map as District: 1000, Section: 033.00, Block: 06.00. Lot: 011.000, which said "Open Space" area is more particularly bounded and described as follows: BEGINNING at a point on the Easterly side of Willow Drive, a private road shown on the aforesaid map, distant 447.66 feet Northerly from the extreme Northerly end of an arc of a curve which connects the Easterly'side of Willow Drive with the Northerly side of Willow Drive; RUNNING THENCE along the Easterly side of Willow Drive, North 02 degrees 17 minutes I0 seconds East, 194.00 feet to the Southerly line of Lot No. 3 on the aforesaid map; THENCE along the Southerly line of Lot No. 2, South 87 degrees 42 minutes 60 seconds East, 214.10 feet to Map of Eastern Shores, Sec. 2, Map No. 4426; THENCE along said Map of Eastern Shores, Sec. 2, Map No. 4426, South 3 degrees 53 minutes 00 seconds East, 195.13 feet; THENCE North 87 degrees 42 minutes 50 seconds West, 235.07 feet to the Easterly side of Willow Drive to the ooint or nlace of BEGINNING STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COI~PARED THE ANNEXED COPY~OF DEED /,~/~ AT PAGE ,~ RECORDED .~'/~./~o6 / AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHQLE TI"JEREOF. IN TESTIMONY WHEREOF, I HA~yE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS,~ F-~' DAY OF/~ / 4.._ c~OO / - CLERK Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument "4[ O IZ Deed / Mortgage Tax Stamp FEES REOORDE0 2001 Apr 02 01:48:34 PM Eduard P.Romaine CLERK OF SUFFOLK COUNTY L ~00012110 P 96O 0T# 00-32493 Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) KP.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other i1*% /¥ 5 O0 Sub Total Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment . Transfer Tax t' ~ Mansion Tax The property covered by this mortg:-ge is or will be improved by a one or two family dwelling only. YES__or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ Initials Satisfactions/Discharges/Releases List Property Owners Mailing RECORD & RETURN TO: CPF Tax Due $ Improved., Vacant Land TD ,iff/ TD TD I i T/g I' I ~itle C'ompnny Informntion Co Name Suffolk Co ty cording & Endorsement Page ~s ~e fo~ ~ of~ a~h~ ~ ~e ~ made by: (SP~ ~E OF ~S~) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: GREGORY F. YAKABOSKI, TOWN ATTORNEY MARY WILSON, ASSISTANT TOWN ATTORNEY FROM: ELIZABETH A. NEVILLE, TOWN CLERK Road Dedication of Homestead Acres (Willow Drive) DATE: 2/2801 I received a telephone call from David Prokop re: corrected title report. He said that he mailed the corrected copy back to the Town Attorney several weeks ago. Please advise whether or not you received it. The filing in the Suffolk County Clerk's Office is pending receipt of this document. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 94 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2001: WHEREAS, Schembri Homes, Inc. has made application to the Town Board of the Town of Southold to dedicate a certain road in Greenport, New York, known as Willow Drive and Drainage Areas designated on a certain map entitled Homestead Acres, filed in the Office of the Clerk of the County of Suffolk on July 17, 1986 as Map No.8150; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highway and has advised the Town Board that he inspected said highway and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. Elizabeth A. Neville Southold Town Clerk TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of SCHEMBRI HOMES, INC. for Laying Out of ORDER LAYING OUT Highways in the Village of Greenport, Town of Southold, THE HIGHWAYS WITH Suffolk County, New York to be known as: THE CONSENT OF WILLOW DRIVE and "DRAINAGE AREAS". THE TOWN BOARD WRITTEN application having been duly made to me, the Town Superintendent of Highways for the Town of Southold, Suffolk County, New York, for the laying of Town Highways in the said Town of Southold by SCHEMBRI HOMES, INC., liable to be assessed for highway taxes in said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed highways are proposed to be laid out, and a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town highways be and the same are hereby laid out at Southold, in the Town of Southold as follows: 1. The highways known as WILLOW DRIVE and "DRAINAGE AREA", as shown and designated on a certain map entitled "Map of Homestead Acres at Greenport", situate at Village of Greenport, Town of Southold, Suffolk County, New York, and filed in the Office of the County of Suffolk on July 17, 1986, as Map Number 8150. Dated the 16th dayof, ljmuar_y~ 2001. Ra~]~'d L: Jac~tJs, ,~ - Town Superintendent 6'f Highways Town of Southold Suffolk County, New York TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of SCHEMBRI HOMES, 1NC. For Laying Out of DEDICATION Highways in the Village of Greenport, Town of Southold, AND Suffolk County, New York to be known as: RELEASE WILLOW DRIVE and "DRAINAGE AREAS". WE, SCHEMBRI HOMES, INC., being owners of certain land in the Village of Greenport, Town of Southold, Suffolk County, New York, and included within which land are proposed highways known as WILLOW DRIVE and "DRAINAGE AREAS" described in the above entitled matter dated September 20, 1999. NOW THEREFORE, in consideration of One ($1.00) Dollar to us in hand paid by Raymond L. Jacobs, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highway known as WILLOW DRIVE and "DRAINAGE AREAS" do hereby release and dedicate to the Town of Southold all the land heretofore owned by us within said proposed highway as follows: 1. The highway known as WILLOW DRIVE and "DRAINAGE AREAS", a shown and designated, on a certain map entitled "Map of Homestead Acres at Greenport", situate at the ,,- Village of Greenport, Town of Southold, New York on July 17, 1986, as Map Number 8150. ~(./~t, And we do release the said Town of Southold from all damages by reason of the layout of the said highways. Attest: ~ Peter ',chembri, Vice President TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of SCHEMBRI HOMES, INC. for Laying Out of Highways ~recnport, Town of Southold, Suffolk County, New York to be known as: WILLOW DRIVE and "DRAINAGE AREAS". ORDER LAYING OUT THE HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Town Superintendent of Highways for the ToWn of Southold, Suffolk County, New York, for the laying of Town Highways in the said Town of Southold by SCHEMBRI HOMES, INC., liable to be assessed for highway taxes in said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed highways are proposed to be laid out, and a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town highways be and the same are hereby laid out at Southold, in the Town of Southold as follows: 1. The highways known as WILLOW DRIVE and "DRAINAGE AREA", as shown and designated on a certain map entitled "Map of Homestead Acres at Greenport", situate at Village of Greenport, Town of Southold, Suffolk County, New York, and flied in the Office of. · the County of Suffolk on July 17, 1986, as Map Number 8150. Dated the lfith dayofjjmmary~ 2001. R4rr~n'd'L: Jacol~s, /~/ Town Superintendent ~ Highways Town of Southold Suffolk County, New York ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 94 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2001.' WHEREAS, Schembri Homes, Inc. has made application to the Town Board of the Town of Southold to dedicate a certain road in Greenport, New York, known as Willow Drive and Drainage Areas designated on a certain map entitled Homestead Acres, filed in the Office of the Clerk of the County of Suffolk on July 17, 1986 as Map No.8150; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highway and has advised the Town Board that he inspected said highway and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York... Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Jamie Richter, Town Engineer From: Elizabeth Neville, Town Clerk Re: Homestead Acres Road Dedication Date: July 12, 2000 I am forwarding these maps to you which I just received from the Town Attorney. Please review and advise. Thank you. GREGORY F. YAKABOSKI TO!VN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih townattorney~southold.org OFFICE OF THE TOVgN ATTORNEY TOWN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Date: Re: Gregory F. Yakaboski, Esq. Town Attorney July 11,2000 Schembri Homes, Inc. - road dedication Homestead Acres, Greenport Attached you will find two subdivision maps to be included in your road dedication package of Homestead Acres that I recently received from David B. Prokop, Esq. I believe these maps will make the package complete. Please forward the maps to Jamie Richter for his review, letting me know when the Town is ready to proceed with the dedication process. Thank you. Greg /md attachment pROKoP & PROKOP 0 ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY I 1778 T~tONI! (631) 821-1314 July 3, 2000 Greg Yakaboski, Esq. Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Applicant: Schembri Homes, Inc Proposed dedication - road and drainage area 1000/33/6/12 1000/40/2/6.012 Dear Mr. Yakaboski: We are counsel to the above applicant Schembri Homes, Inc.. Enclosed herewith for consideration with the proposed dedication package on file with your office are two subdivision maps made available from Mr. Van Tuyl's records. If any additional information is needed to process the dedication, please advise. cc: Sin~ DavJ Schembri Homes, Inc. TOWN ATT,O,.;:i~]EY'$ 0 ':: CE TOWN Or SOUTNO; ~rely, rokop · © STATE ~F NEW YORK, COUNTY OF.,~,kg?~ ss: On th~ ofOctober 1999, before me personally came ANTHONY SCHEMBRI to me known, who being by me duly sworn, did depose and say that he has an office address of: 2042 North Country Road, Wading River, New York that he is the President of Sehembri Homes, Inc., the corporation described in and which executed the foregoing instxument; and that he signed his name thereto by like authority. ~ ' ' ~'"'~ IIBTARY RJBUC, SI~ of Ne,~ Yn~k Notary Public #o. 52-s,.~, ~jf~_k C_~ l- ,-~ ?Mm ~xpims MM~q-'-'-'-'-IC, ~.~ 77~1 STATE OF NEW YORK, COUNTY OF ~t6~ ) ss: On the~Jl~y of October 1999, before me personally came PETER SCHEMBRI to me known, who being by me duly sworn, did depose and say that he has an office address of: 2042 North Country Road, Wading River, New York that he is the Vice President of Schembri Homes, Inc., the corporation described in and which executed the foregoing insmunent; and that he signed his name thereto by like authority. Notary Public PLEAgE take noUce that the wxthin ~s a (certified) true copy of a duly entered in the office of the clerk oftbe within named'court on 19 Dated, Yours, etc., Attorney for Office and Post Office Address To A~ome~s)~r PLEASE take notice that an order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on 't M. Dated, Yours, etc., 19 Attorney for Office and Post Office Address To Attorney(s) for IndexNo. TOWN OF $OUTHOLD STATE OF NEW YORK Year 1999 In the matter of the Application of SCHEMBRI HOMES, INC. for Laying Out of Highways in the Village of Greenport, Town of Southold, Suffolk County, New York to ne known as: WILLOW DRIVE and "DRAINAGE AREAS". DEDICATON AND RELEASE David B. Prokop, Esq. Attorn~r Applicant offceandPostoffceAddress, Telephone 131 Route 25A Rocky Point, New York 11778 (631) 821-1314 To Attorney(s) for Service of a copy of the within is hereby admitted. Dated, Attorney(s) for PROKOP & PROKOP ATTORNEYS AT LAW 13 ! ROUTE 25A ROCKY POINT, NY I 1778 November 26, 1999 B__Y CERTIFIED MAIL Elizabeth Neville, Town of Southold P.O. Box 1179 Southold, NY 11971 Town Clerk Re: Applicant: Schembri Homes, Inc Proposed dedication - road and draina§e area 1000/33/6/12 1000/40/2/6.012 Dear Ms. Neville: We are counsel to the above applicant Schembri Homes, Inc. (the "Applicant"). On behalf of the Applicant we hereby submit the following for consideration for dedication: (i) (ii) (iii) (iv) (v) Application; Order Laying Highway; Consent; Dedication and Release; and Abstract of Title. The map of Homestead Acres was prepared for the original developer by Roderick Van Tuyl, P.C. and is on file with the Town of Southold. Please contact is needed. the undersigned if any additional information Thank you for your conside~ion. Si~:~ly, Dav~<~ Prokop GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY RECE/VED OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD Southold '/'o,n C]er~ Memorandum JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney~southold.org To: Elizabeth A. Neville Town Clerk From: Date: Re: Mary C. Wilson, Esq. Assistant Town Attorney May 31,2001 Willow Drive - road dedication Betty: Enclosed please find the following original documents for safekeeping in your office: · Transmittal letter dated February 1,2001, from David B. Prokop, Esq. · North Star Title Agency, inc. - Abstract of Title for Dedication of Streets - Title No. L 253709-$S-A (revised) dated December 11,2000 · North Star Title Agency, Inc. - Abstract of Title for Dedication of Drainage Area - Title No. L253709-SS-B (revised) dated December 11, 2000 I trust you will find everything to be in order. Mary /md encs. S:~Attorney~GREG\MELANIE\GREG\memo (MCW).DOC DAVID B, P~OKOP~'* PROKOP & PROKOP ATTORNEYS AT LAW 131 ROUTE 25A ROCKY POINT, NY I 1778 0 February 1, 2001 Greg Yakaboski, Esq. Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Schembri Homes, Inc Dedication - road and drainage area 1000/33/6/12 1000/40/2/6.11 1000/40/2/6.12 b~old bus (led~ Dear Mr. Yakaboski: Enclosed are the revised title certifications requested by the Town Clerk. rely, Da~. Prokop cc: Schembri Homes, Inc. FE2 -5 200I TOWN ATTORNEY'S OFFIC~ TOWN OF ~OUTHOLD ELIZABETH A. TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD To: From: Re: Date: Mary A. Wilson, Assistant Town Attorney Elizabeth A. Neville, Town Clerk Willow Drive Road dedication May 31, 2001 I have never received this corrected rifle report. The copy I have certifies to the Town of Brookhaven, not Southold. Accordin4~ to this memo, it was sent to you? May I have it to complete my file? Thank you. Neville, Elizabeth From: Sent: To: Subject: Wilson, Mary Thursday, March 01, 2001 10:33 AM Neville, Elizabeth Willow Drive Road dedication We did receive the corrected title report however, Greg has indicated that we still need the deed of open spaces to the homeowners association and I adivsed Mr. Prokop of this by letter either yesterday or the day before. ELIZABETH A. NEVILLE TOWN CLE~ REGIST~ OF ~T~ STATISTICS ~GE OFFICER RECORDS ~AGEMENT OFFICER FREEDOM OF INFO~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: GREGORY F. YAKABOSKI,TOWN ATTORNEY ELIZABETH A. NEVILLE, TOWN CLERK "WILLOW DRIVE", MAP OF HOMESTEAD ACRES AT GREENPORT NOVEMBER 30, 1999 Transmitted are the pertinent documents received in relation to the above proposed road dedication. Please review them for accuracy before I send them to Ray Jacobs and Jamle Richter. Thank you. © O TOWN OF SOUTHOLD: STATE OF NEW YORK ..................................... .~ .......................... In the matter of the Application of SCHEMBRI HOMES, I~_~C. For Laying Out of Highways dvth~Vil~ge~o~f Greenport, Town of Southold, Suffolk County, New York to be known as: WILLOW DRIVE and "DRAINAGE AREAS". APPLICATION To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York; The undersigned petitioners, SCHEMBRI HOMES, INC., as owners of Willow Drive and "Drainage Areas", a New York corporation having its principal place of business at 2042 North hereby apply to the Country Road, Wading River, New York, liable to be assessed for highway taxes I~ tk¢ \':llagc ' S.up~erintend.ent of Highways to lay out new highways and d~nagb'area at breenport. cf C~rzzngort, in the Town of Southold, County of Suffolk and State of New York follows: 1. The highways known as WILLOW DRIVE and "DRAINAGE AREAS", as shown and designated on a certain map entitled "Map of Homestead Acres at Greenport", situate at ~l~f Greenpo~tCTown of Southold, Suffolk County, New York, filed in the Office of the County of Suffolk on J&tly 17, 1986, as Map Number 8150. Maps ot~smd proposed h~ghway are annexed hereto and made a part of the application, together with a release and application to the Town of Southold by the petitioner herein, over whose property said highways are to run. Dated: September 20, 1999 Attest: P~ter Schembri, Vice President © STATE ~F NEW YORK, COUNTY OF ~[~ ) ss: On the~3' of October 1999, before me personal- ly came ANTHONY SCHEMBRI to me known, who being by me duly sworn, did depose and say that he has an office address of: 2042 North Coun~xy Road, Wading River, New York that he is the President of Schembri Homes, Inc., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by like authority. ' J~'ARY IRIBUC, ~ of N~v York ~l'otary P~b[ic ~o. 52-45244~. ~ffo~k STATE.(2F NEW YORI~ COUNTY O~O''~) ss: On the~'da'y of October 1999, before me personally came PETER SCHEMBRI to me known, who being by me duly sworn, did depose and say that he has an office address of: 2042 No~th Country Road, Wading River, New York that he is the Vice President of Schembri Homes, Inc., the co~poration described in and which executed the foregoing instmmant; and that he signed his name thereto by like authority. '~o ~a.~,~2~:~ 7/4/0 PLEASE take notice that the within is a (certified) tru~ copy of a daly entered in the office of the clerk of the within named court on 19 Dated, Vonrs, etc., Attorney for Office and Post Office Address To Attomcy(s) fo~ PLEASE take notice that an order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on 19 · t M. 3ated, Ati'qrney for Yours, etc., O~tce and Post Office Address Attorney(s) for lndexNo. T0~N~'OF£SOUTHOLD,. STATE OF NEW YORK Year 19 ~ In the matter of the Applicaton of SCHEMBRI HOMES, INC. for Laying Out Of Highways in the Village of Greenport, Town of Southold, Suffolk County, New York, to be known as: WILLOW DRIVE and "DRAINAGE AREAS". APPLICATION David B. Prokop, Esq. Attorney~r Applicant Of~andPostOff~eAd~ess,~ho~ 131 Route 25A Rocky Point, New York 11778 (631) 821-1314 To AUorncy(s) for Service of a copy of the within is hereby admitted. Dated, Attorney(s) for TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of SCHEMBRI HOMES, INC. For Laying Out of DEDICATION Highways ~ Greenport, Town of Southold, AND Suffolk County, New York to be known as: RELEASE WILLOW DRIVE and "DRAINAGE AREAS". WE, SCHEMBRI HOMES, INC., being owners of certain land in the Village of Greenport, Town of Southold, Suffolk County, New York, and included within which land are proposed highways known as WILLOW DRIVE and "DRAINAGE AREAS" described in the above entitled matter dated September 20, 1999. NOW THEREFORE, in consideration of One ($1.00) Dollar to us in hand paid by Raymond L. Jacobs, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highway known as WILLOW DRIVE and "DRAINAGE AREAS" do hereby release and dedicate to the Town of Southold all the land heretofore owned by us within said proposed highway as follows: 1. The highway known as WILLOW DRIVE and "DRAINAGE AREAS", a shown and designated, on a certain map entitled "Map of Homestead Acres at Greenport", situate at the :¢ittagoq~f Crreenport, Town of Southold, New York on July 17, 1986, as Map Number 815~0. ~,,/~ And we do release the said Town of Southold fi.om all damages by reason of the layout of thesaid highways. By: ~nt Peter Schembri, Vice President LAKE SHORE ABSTRACT, INC. TITLE NO.: L 253709-SS ABSTRACT OF TITLE FOR DEDICATION OF STREETS LAKE SHORE ABSTRACT, 1NC., hereby certifies to the Town of Brookhaven that it has searched the title to the premises herein described for the last owner of record and all liens and finds that title to said premises is vested in: SCHEMBRI HOMES, INC. The source of title being by deed from Sarasota, Inc., doing business as Credit Control Management, dated February 26, 1997 and recorded March 11, 1997 in Liber 11820 of conveyances at page 243. (Covers premises and more) SUBJECT to such mortgages, taxes, tax sales and assessments as appears in the annexed Schedules, all of which are part of this Certificate. THIS Certificate is made and accepted with the understanding that the Company's liability hereunder is limited to such interests as in fee for easements as may be acquired by the Town of Brookhaven or its subdivisions for its purposes and for any unpaid taxes and assessments during the period covered above and in no event to exceed the sum orS1,000.00. District: 1000 1000 Section: 033.00 040.00 Block: 06.00 02.00 Lot: 012.000 006.012 Dated: September 9, 1999 Riverhead, New York 11901 LAKE SHORE ABSTRACT, INC. Patricia A. Judd xx,~ President © O LAKE SHORE ABSTRACT, INC. Title No.: L 253709-SS DESCRIPTIONS ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, near the Village of Greenport, County of Suffolk and State of New York, being known and designated as "Willow Drive" as shown on a certain map entitled, "Map of Homestead Acres at Greenport", filed in the Office of the Clerk of the County of Suffolk on July 17, 1986, as Map No. 8150, which said street is more particularly bounded and described as follows: BEGINNING at the southwest comer of the premises herein described which said point is the following two courses and distances from where the easterly side of land now of formerly of Morrison intersects the northerly side of Middle Road (CR. 48): 1) North 02 degrees 02 minutes East, 382.33 feet; 2) North 02 degrees 17 minutes 10 seconds East, 515.30 feet to the tree point or place of beginning; RUNNING THENCE North 02 degrees 17 minutes 10 seconds East, 50.00 feet to the southerly side of Lot No. 7 on the aforesaid map; THENCE South 87 degrees 42 minutes 50 seconds East, 175.00 feet; THENCE along an arc of a curve bearing to the left having a radius of 250.00 feet, a distance of 39.27 feet; THENCE North 02 degrees 17 minutes 10 seconds East, 815.00 feet; THENCE North 86 degrees 07 minutes East, 213.51 feet to the northwest comer of Inlet Pond Road, as shown on Map of Eastern Shores, Sec. 2; THENCE South 03 degrees 53 minutes 00 seconds East along the westerly side of said Inlet Pond Road, 50.00 feet to the northerly side of Lot No. 16 on the map first above mentioned; CONTINUED .... © O LAKE SHORE ABSTRACT, INC. Title No.: L 253709-SS D E S C R I P T I O N S, Continued... THENCE South 86 degrees 07 minutes West along the northerly side of said Lot No. 16, 146.18 feet; THENCE along an arc ora curve bearing to the left having a radius of 25.00 feet, a distance of 36.58 feet; THENCE South 02 degrees 17 minutes 10 seconds West, 1030.96 feet; THENCE along an arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 39.27 feet; THENCE South 87 degrees 42 minutes 50 seconds East, 224.74 feet to a point in the westerly side of Homestead Way as shown on Map of Eastern Shores, Section 2; THENCE South 10 degrees 38 minutes 20 seconds East along the westerly side of Homestead Way, 51.30 feet; THENCE South 87 degrees 42 minutes 50 seconds East, 236.21 feet; THENCE along an arc of a curve bearing to the right having a radius of 75.00 feet, a distance of 117.80 feet; THENCE North 02 degrees 17 minutes 10 seconds East, 183.29 feet; THENCE along an arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 39.27 feet; THENCE North 87 degrees 42 minutes 50 seconds West, 175.00 feet to the easterly side of land now or formerly of Morrison, the point or place of BEGINNING. LAKE SHORE ABSTRACT, INC. TITLE NO.: L 253709-SS MORTGAGE SCHEDULE NONE OF RECORD © O LAKE SHORE ABSTRACT, INC. TITLE NO.: L 253709-SS TAX SEARCH LAKE SHORE ABSTRACT, INC. certifies that all real property taxes for the 20 years last past have been paid to and including 1998/99 both halves. LAKE SHORE ABSTRACT, INC. pPra~sriiclear tA. Judd DATED: September 9, 1999 Riverhead, New York MAP OF TOV,/N 'v-,/ILLOx, x/ DIck,, F_ Acr,~E5 - Suf- F: CO. l'dAP 8, BO A,T QF 5OMT!-4 OLD ' 7) tT'~,O 0 ~ 175,0 02EN .~PAC E 'Dr'~h~AGE pOND r r I~OpE~ICt4 VAN 'FUYb,.RC. LIC LA~D D, IJ~VE¥OI'2$ Gl? EENPCtR~I'4,Y, O.F SECTION T~/O SCALE -IOO' A,P~ E ,/k 0'w/i'4E(P AND DF-VELOPED I-If.? h4[ ' ELEVATION GAL. SEPTIC NO. E HOLE5 · ryPj eAU f Z 5,0 3~2.33 THL "A/ATI~I~ SUPPLY AND .SE~/Ar~F~ DISPOSAL FAF. ILITI, E.~ FOP~ ALL LOI-5 ON l"Ml5 MAP COi'4PL¥ THE 5LIFFOIcJ~- 02UNTY D~PAf~TI'4ENT OF HI~ALTH, pEOFI~%51ONA, L LA. ND 5LtP?-VF;YOI~.. NEW YOlk. IF. ~TAT~. 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